Sponsor Spouse visa as Non-EU ILR (PR) or British Citizen?

[dlwt]

Before you give your immediate reply, I need to address that I am aware that generally it makes no difference for PR or British Citizen on this occasion. But please read through the below,

I am Chinese National and obtained ILR in Apr 2010, then in May 2011 I successfully applied to become a British Citizen and then received my first British passport in August 2011.

However, I still used my Chinese Passport (with ILR) to travel to China in September 2011 (without any problem of entering and leaving UK's and China's border), when I got married with my wife, who is also Chinese National.

I am now planning to bring my wife into UK under Spouse Visa but facing the dilemma,

1. If I sponsor her as a British Citizen, but because there is no visa issued by China on my British Passport (for my trip to China for marriage) then I am worried that my marriage will not be legally recognized therefore the application may be rejected on this ground;

2. If I sponsor her as Chinese National (with ILR), although this seems still valid to UK side (not by China as China don't recognize dual nationality, just I haven't let them know and they won't know until I tell), I found it difficult to complete some of the Section 8 in the application form (VAF4A, Oct 2011), especially,

"8.2.17 Does your sponsor hold any other valid passports?"

My answer would have to be "Yes", and provide my British Passport information. But will this also invalidate my application?

Can I have your opinion on my current situation? Which of the above status should I use to proceed?

Thanks,
dlwt

[Greenie]

PR is settlement under the EEA regulations. ILR is settlement under the immigration rules.

Yes, it is correct that a person with ILR can sponsor a spouse in the same way as a British Citizen, however the fact is, you are now a British Citizen and therefore in my opinion you need to sponsor her as a British Citizen - not as a person with ILR. The fact that you didn't travel to China on your British passport will not invalidate your marriage, your marraige will be considered lawful as long as it is lawful in the eyes of the Chinese authorities. You will obviously need to provide your Chinese passport as evidence that you have travelled to China to see your wife with the application.

[dlwt]

Greenie, many thanks for your swift reply.

However, if as you mentioned, I choose to sponsor as a BC, then

1. On the Certificate of Marriage (issued in China) my nationality is Chinese, doesn't this contradict the fact of my current British Nationality?

2. In the application form, should I put down BC as my nationality, but shall I provide my Chinese Passport's information (as it is NOT valid to China but valid to UK)? Or the other way around?

On the other hand, if I choose to sponsor as a Chinese National, how much harm would this do to my wife's application? Will they reject it? Or ask her to reapply? Have you encountered such case before?

Your further reply will be appreciated.

[Jambo]

China doesn't allow dual nationality (as you already know). You basically travelled using invalid document. The fact that you were not caught doesn't make it legal.

[dlwt]

China doesn't allow dual nationality (as you already know). You basically travelled using invalid document. The fact that you were not caught doesn't make it legal.

Hi Jambo,

Thanks. I am aware of what you mentioned, but there is no way back now for me, is there?

What should I do in your opinion?

[Greenie]

Greenie, many thanks for your swift reply.

However, if as you mentioned, I choose to sponsor as a BC, then

1. On the Certificate of Marriage (issued in China) my nationality is Chinese, doesn't this contradict the fact of my current British Nationality?

2. In the application form, should I put down BC as my nationality, but shall I provide my Chinese Passport's information (as it is NOT valid to China but valid to UK)? Or the other way around?

On the other hand, if I choose to sponsor as a Chinese National, how much harm would this do to my wife's application? Will they reject it? Or ask her to reapply? Have you encountered such case before?

Your further reply will be appreciated.

you can't avoid the fact that you are a British citizen in your wife's application - you are no longer a Chinese national with ILR, you are a British Citizen, regardless of the dual nationality issue.

[dlwt]

Greenie, many thanks for your swift reply.

However, if as you mentioned, I choose to sponsor as a BC, then

1. On the Certificate of Marriage (issued in China) my nationality is Chinese, doesn't this contradict the fact of my current British Nationality?

2. In the application form, should I put down BC as my nationality, but shall I provide my Chinese Passport's information (as it is NOT valid to China but valid to UK)? Or the other way around?

On the other hand, if I choose to sponsor as a Chinese National, how much harm would this do to my wife's application? Will they reject it? Or ask her to reapply? Have you encountered such case before?

Your further reply will be appreciated.

you can't avoid the fact that you are a British citizen in your wife's application - you are no longer a Chinese national with ILR, you are a British Citizen, regardless of the dual nationality issue.

But if I am no longer Chinese National with ILR, how to explain I still managed to enter the UK with my Chinese Passport (ILR)? Doesn't this indicate that UKBA still acknowledge the ILR sticker on the Chinese Passport?

Please give me your opinion on what I should do now in terms of the application.

[Greenie]

how you entered China is a matter for the Chinese authorities. As long as you can show that your marriage is valid and lawful in the eyes of the Chinese authorities then it should be accepted as such by the UKBA. What you can't do is conceal the fact that you are British in your wife's application.

[Jambo]

But if I am no longer Chinese National with ILR, how to explain I still managed to enter the UK with my Chinese Passport (ILR)? Doesn't this indicate that UKBA still acknowledge the ILR sticker on the Chinese Passport?

If someone with a fake ID buy alcohol, does it make him over 18?

The UK doesn't require BC to enter using a British passport. The IO is not familiar with the Chinese laws. He might have noticed that you are already a BC and let you in or maybe has missed that. It still something I will not recommend to do.

As for the application, just fill it in as a British national. It won't get rejected because your nationality on the marriage certificate is listed as Chinese. As Greenie said, if it is legal and recognised in China, the HO will recognise it.

[dlwt]

how you entered China is a matter for the Chinese authorities. As long as you can show that your marriage is valid and lawful in the eyes of the Chinese authorities then it should be accepted as such by the UKBA. What you can't do is conceal the fact that you are British in your wife's application.

Thanks Greenie. I never thought about concealing the fact that I am British, after all, I don't need and it is more reasonable.

It is just because I am trying to be consistent all the way through from the moment I started my trip to China, where I then got married with the certificate showing my nationality is CHINESE, until now I sponsored my wife as ILR settled in the UK.

I am only trying to provide as much information as possible but showing no contradiction.

[dlwt]

But if I am no longer Chinese National with ILR, how to explain I still managed to enter the UK with my Chinese Passport (ILR)? Doesn't this indicate that UKBA still acknowledge the ILR sticker on the Chinese Passport?

If someone with a fake ID buy alcohol, does it make him over 18?

The UK doesn't require BC to enter using a British passport. The IO is not familiar with the Chinese laws. He might have noticed that you are already a BC and let you in or maybe has missed that. It still something I will not recommend to do.

As for the application, just fill it in as a British national. It won't get rejected because your nationality on the marriage certificate is listed as Chinese. As Greenie said, if it is legal and recognised in China, the HO will recognise it.

Jambo, thank you very much for the reply, and Greenie too, both of your valuable advice is much appreciated.

My mind is much clearer and I feel more confident than before I opened this thread.

[dlwt]

Hi there, I have a few questions when completing Part 8 of Vaf4a,

8.2.9 If your sponsor is in the UK when did they first arrive?
8.2.10 Sponsor's permission to live in the UK
8.2.11 When did they get this permission?

Considering my situation (obtained ILR in Apr 2010, became British Citizen in May 2011), how should I complete these questions?

The Guidance attached to the application form seems to only apply to a sponsor who has become a British Citizen.

But shouldn't my permission to live in the UK start from the date of becoming ILR? Will this become an issue?

Please share your views on this. Thanks.

[hur575]

Hi there, I have a few questions when completing Part 8 of Vaf4a,

8.2.9 If your sponsor is in the UK when did they first arrive?
8.2.10 Sponsor's permission to live in the UK
8.2.11 When did they get this permission?

Considering my situation (obtained ILR in Apr 2010, became British Citizen in May 2011), how should I complete these questions?

The Guidance attached to the application form seems to only apply to a sponsor who has become a British Citizen.

But shouldn't my permission to live in the UK start from the date of becoming ILR? Will this become an issue?

Please share your views on this. Thanks.

In the guide it says if you are British by birth you put your date of birth, and if you are British by naturalisation then you put the day you became British.